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92 FEB 20.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1992 7:00 P.M. - 8:00 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - # 1 INDUSTRIAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on February 20, 1992 at the regular meeting place of the Council. Alderman Marshall Smith delivered the invoca- tion after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Twitty were present. Alderman Fletcher came in at approximately 7:05 p.m. PRESENT, TEN (10). ABSENT, (0). Mayor Swaim also answered ROLL CALL and declared a quorum and ex- pressed appreciation for those in attendance. Others present for the meeting: City Attorney Robert E. Bamburg, City Engineer Duane Reel, Police Chief Don Tate, Fire Chief Rick Ezell, Police Chief Don Tate, Assistant Police Chief Larry Hibbs, Personnel Director and Mayoral Aide Michael Beeman, Code Enforce- ment Officer Wayne Cox, Deputy City Clerk Teresa Parker, Planning Commission Chairman Kenny Elliott, Planning Commissioners Art Brannen and Paul Payne, Parks & Recreation Chairman Robert Stroud, Parks & Rec. Director Annabelle Davis, Street Superintendent Robert Martin, Executive Director of the Elderly Activities Center Barry Ammons, Community Development Director Tony Ply, other city employees, interested citizens, members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting February 6, 1992,for study and action at the next Regular City Council Meeting. Ald. Fletcher came in at 7:05 p.m. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Lewis moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of January 16, 1992 be APPROVED. MOTION CARRIED. CONSENT AGENDA: MUNICIPAL COURT (Probation Officer) Alderman Knight moved, seconded by Alderman Smith that the month- ly report for January 1992 from Probation Officer Mike Mahone be APPROVED. Said report reflects cases for the month ending Decem- ber 31, 1991 - 139, Cases added in Month of January 1992 - 24, Probations completed, Month ending January 31, 1992 - 9, for a TOTAL CASES AS OF JANUARY 31, 1992 of 154. Number of juveniles on Probation - 16. ROLL CALL: Aldermen: Knight, Smith Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF.JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1992 7:00 P.M. - 8:00 P.M. FIRE DEPARTMENT: Alderman Knight moved, seconded by Alderman Smith that the regu- lar monthly report for the month of January 1992 from the Jacksonville Fire Department that reflects an estimated fire loss of $37,800.00 be APPROVED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirma- tive votes, (0) negative votes. MOTION CARRIED. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: REQUEST TO ACCEPT BID: TRACK EXCAVATOR City Engineer Reel was recognized by Mayor Swaim to address the item of business which he said was budgeted. City Engineer Reel said that the machine will be used in the cleaning of ditches on an annual basis. He related that the equipment, with tracks instead of rubber tires, wi11 serve the needs of the department in that it will not cause as much damage to yards as the equipment now used which has rubber tires. With regard to a question by Alderman Wilson concerning renting a track hoe, Engineer Reel said that if the department owned the equipment, work could be done quicker and that rates for rental of a similar machine are quite high. He related that the street department has used a track hoe be- longing to the Sewer Department and that if the equipment is purchased, it will be available to other departments as well. He said that it meets the minimum requirements as designated in the specifications and that the department has a qualified operator. Street Superintendent Robert Martin pointed out that the equip- ment used to transport the track excavator cannot accommodate one any larger than the one listed in the bid. Mayor Swaim pointed out that the back hoe is used in moving the mulch ground by the tub grinder and that it would be shared with other departments. (Bid sheet included in these minutes.) CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1992 7:00 P.M. - 8:00 P.M. Alderman Knight moved, seconded by Alderman Ray that the $44,826.77 bid for a track hoe by Rushing and Mason be ACCEPTED. MOTION CARRIED. PARKS AND RECREATION DEPARTMENT: ANNUAL REPORT Alderman Ray moved, seconded by Alderman Sansing to accept the Annual Report from the Parks & Recreation Department. MOTION CARRIED. SANITATION DEPARTMENT: PLANNING COMMISSION: PUBLIC HEARING: 7:15 P.M. REF: LAND USE MAP/ORDINANCE 9 6 7 (#6-92) Mayor Swaim opened the public hearing at 7:15 p.m. He related that the map was prepared by Metroplan in conjunction with the Jacksonville Planning Commission and the Engineering Department. Alderman Keaton presented a request that a portion of the pro- posed commercial zoning on the west side of North First Street from the existing commercial establishment, which accommodated a drapery business, to the area immediately across from the inter- section of Quince Hill and North First, up to the LRAFB property, remain zoned a residential area. He commented that the property does not lend itself to provide a good commercial service. He related that his neighbor also favors the request. A question was posed by Alderman Ray with regard to a street off Valentine Road. Road. Mayor Swaim suggested that the City Engineer and Alderman Ray work on the issue and bring the matter to the attention of the proper persons. Chairman Elliott noted the work of the Planning Commission with Metroplan stating that the areas as designated for commercial are recommendations, not actual rezonings; that requests by property owners will be received by the Planning Commission and the City Council in the rezoning of any parcel. He said that guidelines are set for handling all such requests and the map will be a tool to be used by the Planning Commission in making decisions regard- ing said requests. Mayor Swaim closed the public hearing closed at approximately 7:25 p.m. Alderman Smith moved, seconded by Alderman Lewis that the Land Use Plan be APPROVED WITH ONE EXCEPTION; that a portion of the CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1992 7:00 P.M. - 8:00 P.M. proposed commercial zoning on the west side of North First Street from the existing commercial establishment, which accommodated a drapery business, to the area immediately across from the inter- section of Quince Hill and North First, up to the LRAFB property, remain zoned a residential area. MOTION CARRIED. A copy of the LAND USE MAP is on file in the office of the City Engineer. Mayor Swaim pointed out that no developable land was received in the West Main Extension. Alderman Wilson requested that a letter be sent to Metroplan and the Jacksonville Planning Commission commending their work on the Land Use Map. ORDINANCE 967 (# 6-92) Re : LAND USE MAP AN ORDINANCE TO ADOPT A MASTER LAND USE MAP FOR THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Sansing, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson Keaton and Twitty voted AYE. NAY (0). Motion received ten 10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordi- nance read FIRST TIME by City Attorney Robert E. Bamburg. Alderman Sansing moved, seconded by Alderman Wilson, that Ordinance be accepted on FIRST READING as amended. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion re- ceived ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING. Alderman Smith moved, seconded by Alderman Lewis, to sus- pend the rules and place the Ordinance on SECOND READING. ROLL CALL. Aldermen: Knight; Smith, Lewis, Sansing, Ray, Wilson Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Knight moved, seconded by Alderman Ray, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, wison, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. Motion received ten (10) affirmative votes, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 199 7:00 P.M. – 8:00 P.M. (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance or the THIRD AND FINAL TIME. Alderman Knight moved, seconded by Alderman Lewis, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Alderman: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion Received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 967 THIS 20th DAY OF February 1992. _________________________________________________________________ ORDINANCE 966 (#5 -92) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS, (GENERAL LOCATION: PROPERTY BETWEEN TRICKEY LANE, HIGHWAY NO. 161 AND MILITARY ROAD); AMENDING ORDINANCES 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PUR- POSES. The location of the property as mentioned above was requested to be rezoned from R-3 to C-3; described as an island. Alderman Sansing moved, seconded by Alderman, Smith, that Ordi- nance be placed on FIRST READING. ROLL CALL: Alderman: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) af- firmative votes, (0) negative votes. MOTION CARRIED. Ordi- nance read FIRST TIME by City Attorney Robert E. Bamburg. Alderman Ray moved, seconded by Alderman Wilson , that Ordi- nance be accepted on FIRST READING. ROLL CALL: Aldermen Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING. Alderman Smith moved, seconded Alderman Knight, to sus- pend the rules and place the Ordinance on SECOND READING. ROLL CALL. Alderman: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Sansing moved, seconded by Alderman Lewis, to further suspend the rules and place the Ordinance on THIRD AND FINAL CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1992 7:00 P.M. – 8:00 P.M. READING. ROLL CALL: Alderman: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. W hereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Wilson moved, seconded by Alderman Lewis, that Ordi- nance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, William- son, Keaton and Twitty voted AYE. NAY 0. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CAR- RIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 966 THIS 20th DAY OF February 1992. It was pointed out by City Engineer Reel that addresses on Trick- ey Lane and Redmond Road have not been changed. He related how the Post Office addresses the streets adding that at some point in time the problem will have to be dealt with. It was suggested by Alderman Wilson that street signs be erected showing where one street stops and the other begins. GENERAL: a. RESOLUTION 444 (#2-92) Ref: WASTE MANAGEMENT DISTRICT A RESOLUTION OF INTENT BY THE CITY OF JACKSONVILLE, ARKANSAS, TO BECOME A MEMBER OF THE PULASKI COUNTY REGIONAL SOLID WASTE MAN- AGEMENT DISTRICT; AND, FOR OTHER PURPOSES. Mayor Swaim voiced that resolutions have already been passed by the City of Maumelle and Sherwood regarding membership in the Pulaski County District. Alderman Knight moved, seconded by Alderman Smith that Resolution 444 be read. MOTION CARRIED. WHEREUPON, City Attorney Robert E. Bamburg read the Resolution. Mayor Swaim pointed out that under the law a district will be represented by a board consisting of the County Judge and Mayors or a representative chosen by the Mayor of the first class city. Alderman Smith moved, seconded by Alderman Sansing that Resolu- tion 444 be APPROVED. (Attachment included with Resolution on file.) MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1992 7:00 P.M. – 8:00 P.M. b. CDBG WAIVER Request/REF: 107 Union It was pointed out that the home is an older home in the Sunny- side Addition which has extensive termite damage and that the owner is willing to put $5,000.00 into the rehabilitation and the contribution indicates that the house will be maintained properly after the improvements are completed. Alderman Wilson moved, seconded by Alderman Ray that the request by the CDBG Department with reference to 10 Union for a waiver with regard to an increase of $3,252.00 over the ten thousand dollar limit for rehabilitation be APPROVED. MOTION CARRIED. c. CDBG “POLICIES DOCUMENT CHANGE” in HOUSING REHABILITATION PROGRAM PROPOSED CHANGE IN: "POLICIES DOCUMENT FOR HOUSING REHABILITATION PROGRAM: COMMUNITY DEVELOPMENT PROGRAM CITY OF JACKSONVILLE, AUGUST, 1984 The following paragraph will be added to Section VI., Page –20- D. Any written complaints concerning the Housing Rehabilitation Program will be handled and responded to according to the HUD Handbook –5552.0, “Procedures for Responding to Complaints”. Alderman Wilson moved, seconded by Alderman Smith, that the CDBG "Policies Chance" as listed above be APPROVED. MOTION CARRIED. ADDITION TO AGENDA: Alderman Smith moved, seconded by Alderman Lewis that an item of business regarding the purchase of an underground water sprinkler system for the Elderly Activities Center be placed on the agenda for action by the Council. MOTION CARRIED. It was pointed out by Ald. Smith and Mr. Barry Ammons, Executive Director of the Elderly Activities Program in the City of Jack- sonville, that a discount is available if the system is purchased within a certain number of days making the request necessary at this time. Mayor Swaim related that the bids were opened after the agenda was closed and the discount was unknown until that time. He said that money left over from the original building program can be used for improvements to the existing building only due to a ruling by a judge resulting from a friendly lawsuit. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1992 7:00 P.M. - 8:00 P.M. He point out that the money is the result of a bond issued which was paid off in 1988. Alderman Sansing moved, seconded by Alderman Knight that the low bid of $11,875.00 (after the discount of 5%N11 $12,50O.00) be AC- CEPTED. MOTION CARRIED. (bid sheet included in these minutes) There were comments by Alderman Knight and Ray with regard to plans by the staff, the Board of Directors and volunteers to upgrade the property and enhance the quality of life in the area of the Elderly Activities Center. ADDITION TO AGENDA City Engineer Reel related that there are some residences in the city which need to be condemned and according to the Jacksonville Municipal Code, property owners must be notified thirty days in advance to start making improvements or adjustments. He relat- edthat if said improvements or adjustments are not made, a re- quest will be made by his department to the City Council for authority to do away with the particular structures which are all unoccupied at this time. He presented pictures with regard to each piece of property in their present condition. Alderman Wilson requested that a stricter ordinance be passed regarding persons living in a structure without water and sewer accommodations. The consensus of the Council was to proceed with what needs to be done regarding the problem. Questions were raised with regard to persons living in mobile units and it was related by Engineer Reel that the Code Enforce- ment Officer is working on both problems. Mayor Swaim encouraged the City Attorney to get involved with the Code Enforcement Officer in righting the situations. After a short discussion, it was suggested that the City Attorney draft an ordinance with regard to safe, sound and sanitary qual- ifications for housing. At this time Mayor Swaim introduced the newly elected Assistant Police Chief, Larry Hibbs and his wife Dede expressing congratu- lations on the appointment. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1992 7:00 P.M. - 8:00 P.M. ANNOUNCEMENTS: APPOINTMENTS: ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:00 p.m. Respectfully, ______________________________ ________________________________ Lula M. Leonard MAYOR City Clerk-Treasurer